Recent Posts
The Legal Stuff
BT Labor Relations - Current News and Practical Analysis
0

29 Jan 2014 NLRB Moves Forward on UAW Charges at Mercedes-Benz Alabama

The Atlanta regional office of the NLRB has confirmed the agency has issued a complaint and is moving forward with a hearing on unfair labor practice charges filed by the UAW against Mercedes Benz US International, Inc. The charges stem from the UAW’s ongoing organizing efforts at Mercedes’ Alabama manufacturing plant. The NLRB’s Atlanta Office Regional Director Claude T. “Chip” Harrell Jr. was quoted saying, “Charges were filed, we investigated and determined there was reasonable…

READ MORE
0

28 Jan 2014 NLRB Weekly Summary of Decisions – Dec. 30, 2013-Jan. 24, 2014

The National Labor Relations Board (NLRB) has updated their website with a weekly summary of decisions for the weeks of: Dec. 30, 2013-Jan. 3, 2014; Jan. 6-10, 2014; Jan. 13-17, 2014; and Jan. 22-24, 2014. The summary of NLRB decisions can be accessed by visiting the NLRB’s website or by clicking on the links that we’ve provided our readers with below. National Labor Relations Board: Summary of Decisions for Dec. 30, 2013-Jan. 3, 2014. National Labor Relations Board:…

READ MORE
0

27 Jan 2014 “The More Things Change, The More They Stay The Same”: Bureau of Labor Statistics Releases Report On U.S. Unionization Rates For 2013

On Friday, Jan., 24, 2014, the federal Bureau of Labor Statistics released its annual report on unionization statistics in the U.S. for 2013. There were a number of findings in the report, but things remained relatively unchanged from 2012. Here are some of the highlights: 1.  The overall percentage of U.S. workers belonging to labor unions in 2013 remained at 11.3 percent (the same overall percentage as 2012). 2. The overall percentage of private-sector union employees…

READ MORE
0

24 Jan 2014 NLRB ALJ Continues to Apply D.R. Horton, Despite Fifth Circuit Reversal

In a decision issued last week, an NLRB ALJ continued to apply the Board’s controversial D.R. Horton decision, despite the fact that the Fifth Circuit explicitly reversed the NLRB’s decision last month. As we have previously covered, D.R. Horton addresses the validity of arbitration clauses and class action waivers in employment agreements. The Board has taken the position that arbitration agreements which prohibit employees from filing collective or class actions violate Section 7 of the NLRA,…

READ MORE
0

23 Jan 2014 Final nail in the coffin for quickie election rule?

In yesterday’s Federal Register, the NLRB published a final rule notice officially rescinding the “quickie election” rules which were held to be invalid by the D.C. District Court in May 2012. As we previously have covered, the new rules made significant changes to the timing and procedure of union elections.   The D.C. District Court held that the rules were invalid because the Board lacked a quorum when issuing the rules. The NLRB appealed that decision…

READ MORE
0

22 Jan 2014 Supreme Court Hears Oral Argument on the Constitutionality of Public Sector Unions

With all the focus on Noel Canning last week, it’s easy to overlook another labor case in front of the high court this term – Harris v. Quinn, No. 11-681, had oral argument in front of the Supreme Court yesterday and involves a constitutional challenge to agency shop rules for public employee unions. Under previous Supreme Court precedent, public employees who are represented by a union can be required to accept the exclusive representation of the…

READ MORE
0

15 Jan 2014 Employee’s Complaint About Union Officials Watching Porn is Deemed “Human Imperfection” But Not Grounds for Retaliation

A union employee was suspended then terminated after being indicted – as part of an identity theft investigation by the prosecutor – which involved the public posting of names, salaries and Social Security numbers of the company’s managers during a previous strike. During her suspension, the employee claimed that she witnessed the union president and vice president looking at pornography during business hours, which she then reported to the union’s regional leaders. The employee also…

READ MORE
0

14 Jan 2014 Supreme Court Hears <i>Noel Canning</i> Oral Argument

The Supreme Court wasted no time Monday getting to the “important stuff” on its first day of oral arguments in 2014. The Court heard argument in the Government’s appeal of the decision of the United States District Court of Appeals for the D.C. Circuit which held that the White House acted unconstitutionally when it appointed three members to the NLRB as “recess appointments” Most commentators among those present for the argument are saying that it…

READ MORE
0

10 Jan 2014 NLRB Weekly Summary of Decisions for Dec. 16-20, 2013 and Dec. 23-27, 2013

The National Labor Relations Board (NLRB) has updated their website with a weekly summary of decisions for the week of December 16-20, 2013 and Dec. 23-27, 2013. The summary of NLRB decisions can be accessed by visiting the NLRB’s website or by clicking on the links that we’ve provided our readers with below. National Labor Relations Board: Summary of Decisions for December 16-20, 2013. National Labor Relations Board: Summary of Decisions for December 23-27, 2013….

READ MORE
0

05 Jan 2014 NLRB Fails to File Appeal to the Supreme Court for Review of its “Poster Rule”

It looks like the NLRB’s proposed “Poster Rule” is officially dead. In 2011, the NLRB proposed issuing a rule known as the “Notification of Employee Rights under the National Labor Relations Act”, which commonly was referred to as the “Poster Rule.” The rule was issued pursuant to the Board’s seldom used rulemaking authority, and it would have obligated millions of companies around the country to display an 11-by-17-inch notice in a conspicuous location explaining the…

READ MORE